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ID:
105122
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2011.
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| Summary/Abstract |
The UPOV Convention was adopted in 1961, and it entered into force in 1968. The Convention aims at encouraging innovation in the field of plant breeding. It provides a legal framework and system of implementation of plant variety protection and is the only internationally harmonized, effective sui generis system of plant variety protection. The UPOV Convention was amended in 1972, 1978 and 1991. UPOV had 68 members as on 4 November 2010, and the numbers continue to expand. The impact study carried out by an ad hoc working group, and published by UPOV has shown the benefits of an effective sui generis system of plant variety protection.
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| 2 |
ID:
105123
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2011.
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| Summary/Abstract |
The United States offers several ways for plant breeders to protect their inventions; plant patents, utility patents, or plant variety protection. There are differences in the type of material that can be protected under each system and the criteria used to examine the application. There is often confusion among applicants regarding why the United States has so many choices, which choice or choices apply to their situation, how to file an application and how that application will be examined. This article provides a basic overview of plant patents, utility patents and plant variety protection in the US.
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| 3 |
ID:
087688
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2009.
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| Summary/Abstract |
The Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization imposes an obligation on all member countries to protect plant varieties either by patents or by a sui generis regime or by a combination of both. India explored the sui generis option to provide protection to plant varieties. This legal regime recognizes the rights of commercial breeders and also grants a positive right to farmers and goes beyond the widely recognized international sui generis regime represented by the International Union for the Protection of Plant Varieties (UPOV). Notwithstanding this, India has made an application to join UPOV. However, with the present plant variety law, India's membership application to join UPOV may not be successful. The recent development of bringing the Seeds Bill, which dilutes farmers' rights provisions in the plant variety law, is important in this regard. The article argues that if the Seeds Bill is passed in its present form, it will dilute the beneficial provisions of the plant variety law and pave the way for India to join UPOV.
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